-LRB- CNN -RRB- -- A grand jury in Texas declined to indict the driver of a parade float involved in a deadly accident with a train during a November 15 parade , a prosecutor said Wednesday .

Four people were killed when the flatbed truck driven by Dale Andrew Hayden was struck by a train during a parade to honor the military .

Midland County prosecutor Eric Kalenak said the 12 members of the grand jury decided against indicting Hayden , who last month was cleared by Midland police .

Hayden was driving the last flatbed truck in the parade and was crossing the tracks when an eastbound Union Pacific train slammed into the float , killing Marine Corps Chief Warrant Officer 3 Gary Stouffer , 37 ; Army Sgt. Maj. Lawrence Boivin , 47 ; Army Sgt. Joshua Michael , 34 ; and Army Sgt. Maj. William Lubbers , 43 .

At least 12 other people were injured .

The National Transportation Safety Board said in December that the grade-crossing warning system , which consists of a bell , lights and a gate , operated as designed , giving a 20-second warning of the train 's arrival . The truck entered the crossing and the gate lowered , tipping over flag stands on the float .

The board re-created the accident as part of an investigation .

Kevin Glasheen , an attorney who represents the family of one of the soldiers killed and two people who were injured , said his clients feel Hayden is a victim .

`` We believe the event was due to the short warning which we believe is cause of the accident , '' Glasheen said Wednesday .

Officials : Organizers of Texas parade hit by deadly crash did not apply for a permit

CNN 's Joe Sutton contributed to this report .

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NEW : Victims ' attorney says trruck driver not at fault

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No charges will be filed against driver of truck that was struck by train

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Four veterans were killed on November 15 in the parade accident

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NTSB has said warning system worked as it should